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Name: In re Marcus A.
Case #: J152626
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/08/2001
Subsequent History: None

Proposition 21, which became effective on March 8, 2000, changed the operation of Welfare and Institutions Code section 777, which provides for a hearing on the issue of a more restrictive placement upon a violation of probation. Since Proposition 21, any conduct which violates probation but which is also a criminal offense may not longer be pursued under section 777, which permits proof by a preponderance of the evidence. Instead, a new section 602 petition, which requires proof beyond a reasonable doubt, must be filed.